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New York Asbestos Litigation

New York City ranked second in mesothelioma-specific case filings nationwide in 2019. Mesothelioma is an asbestos-related serious illness that has long latency periods.

Recent NYCAL decisions are expected to have a major impact on the defense of asbestos lawsuits. These decisions will likely result in a significant number of summary judgment motions based upon the asbestos defendant's tests for fiber/cc as well as expert reports that place any exposure that can be deemed respirable below an exposure threshold in the ambient.

Expert Testimony

New York asbestos attorneys rely heavily on the testimony of experts to prove their clients' claims. Expert witness fees can make up a an enormous portion of total cost of asbestos litigation. Both sides can spend hundreds hours preparing to confront an expert. Experts can charge thousands of dollars per day. It is therefore important that litigants examine and verify potential experts prior to contacting them. Failure to do so can result in a failed Daubert challenge or losing cases.

New York has had a long history of industrial activity. Many workers were exposed to asbestos. Many of these workers developed asbestos-related diseases, such as mesothelioma and lung cancer. Those who have suffered from these ailments can recover compensation from the companies that exposed them to asbestos.

Asbestos lawsuits are a common occurrence in New York, and judges are well-versed in the issues involved. For example, the courts speed up trials for patients, and often consolidate cases to lower the cost of trial. The courts also periodically review their discovery procedure to ensure that they are efficient and up-to date.

In a notable case, Brown v. Weitz & Luxenberg the First Department held conclusory cumulative-exposure statements made by plaintiffs' experts did not suffice to prove the causality. The case was appealed by the defendants, and a decision is expected to be issued soon.

The court's decision is expected to have a profound impact on asbestos litigation in New York. At present, mesothelioma lawyer firms fill the air with ads urging victims to bring asbestos lawsuits, promising massive settlements. The specialized litigation has been particularly lucrative for plaintiffs' attorneys who have repaid millions of dollars in referral fees to former Assembly Speaker Sheldon Silver, who was recently convicted on federal corruption charges relating to the millions of dollars he made by directing asbestos cases to his firm.

In addition to these legal developments, New Yorkers must continue to be aware of the possibility of asbestos exposure in their workplaces and communities. Asbestos lawsuits are on increase and the state is one of the top jurisdictions for mesothelioma verdicts.

Summary Judgment

A New York asbestos attorney can help you receive the compensation that you deserve.

Asbestos exposure is often the cause of serious illnesses, such as mesothelioma and cancer of the lung. These are serious diseases, and they have a long time to develop. This means that the victims may not have started suffering from symptoms until twenty or 25 years after the initial exposure. There are ways for workers to safeguard themselves from asbestos exposure and avoid future illness. In recent years the asbestos litigation landscape has seen a number of major changes. In 2015 the political establishment of New York was shook to its core by Sheldon Silver's conviction for federal corruption charges. Silver's convictions for corruption were a result of his covert work at the law firm Weitz & Luxenberg. He used this to earn millions of referral fees.

The courtroom politics on the NYCAL docket have also shaken the new Albany landscape. The longtime manager of the NYCAL docket, Justice Sherry Klein Heitler was sacked in 2021 amidst reports that she gave the "red-carpet treatment" to asbestos cases brought by Weitz & Luxenberg. Justice Peter Moulton took over NYCAL in the aftermath of the shake-up. His rulings have made it difficult for defendants to obtain summary judgment.

In Juni, the Court of Appeals gave NYCAL a hard dose of reality, rejecting the cumulative exposure theory that was a popular argument in the litigation. Instead it required plaintiffs prove causation using sufficient scientific proof from their experts. This decision gives New York asbestos attorneys a powerful weapon to defend against allegations that claims are speculative or fraudulent.

In Reid v Abex the Court of Appeals supported asbestos defense attorneys in their efforts to compel plaintiffs to prove a causal connection between asbestos-related diseases and products to which they were exposed. In this decision, plaintiffs are required to prove that their asbestos-related disease was caused by specific friction materials or linings offered by the defendant, rather than general exposure to asbestos in the workplace.

Causation

The defendants must demonstrate that asbestos caused the disease. There is a consensus that exposure to asbestos-containing substances can lead to mesothelioma or other diseases. However, the law requires plaintiffs be able to prove specific exposure to certain products produced by certain defendants to be successful.

This is a tough standard to meet, especially in NYCAL where one judge is in charge of all NYC asbestos litigation. In the 16 years since Parker, New York courts have had a difficult time applying the principles of that case. In 2016 the First Department in Matter of NYC Asbestos Litigation, (Juni), ruled that an expert's evidence that plaintiff "regularly" exposed himself to friction products containing asbestos was not sufficient to establish the requirements of causality specific to Nemeth.

Juni has placed a huge burden on defendants and may make them settle their claims at a lower amount than what they are entitled to. A mesothelioma lawyer in NYC will explain the benefits of filing a suit and the options for restitution financial if you are diagnosed with mesothelioma or any other asbestos lawsuit-related illnesses.

New York State was the second most popular state for mesothelioma suits in the year 2019. It was the sole handler of 6percent of all asbestos litigation in the nation. As many as 13,000 people are estimated to have been diagnosed with the disease in New York. Most of the victims were contractors or employees who were exposed to asbestos because it was employed in industrial applications.

Symptoms of mesothelioma are not typically apparent until 25 to 50 years after exposure. Many asbestos patients are fighting for the compensation they require to cover medical expenses as well as lost wages, loss of companionship and other losses.

While it is crucial to make a mesothelioma claim promptly, it is also crucial to consult with a knowledgeable mesothelioma lawyer who can help you obtain the maximum financial restitution possible. Contact a mesothelioma lawyer in NYC to schedule a free appointment, no-obligation. Your lawyer can help you determine your rights to financial compensation from an asbestos trust fund.

Damages

If you suffer from mesothelioma or any other asbestos-related disease, a successful lawsuit could compensate your family for your losses. Compensation can cover medical bills as well as lost wages due to inability to work, home-care expenses, mental anguish and pain, loss of quality funeral and burial costs, as well as other expenses. A seasoned New York mesothelioma attorney will examine the parties responsible and gather evidence to back your claims. After that, your lawyer will bring a lawsuit in civil court before the state's statute of limitations runs out.

The courts are familiar with asbestos lawsuits, and have specialized dockets to help speed up the process. They speed up trials for terminally ill plaintiffs, and also group similar cases. Additionally the judges who decide these cases are aware of the higher dangers associated with asbestos exposure and are trained to ensure that justice is served.

According to a study conducted recently, New York City is the national center for asbestos litigation. Asbestos victims have claimed billions of dollars in settlements and verdicts. Mesothelioma is a deadly cancer caused by exposure to harmful asbestos lawyers fibers. It is a rare and fatal disease, however lawsuits filed against companies that exposed workers to the cancer-causing chemical have led to compensation for victims for their suffering.

These lawsuits seek to punish corporate wrongdoers as well indemnizing victims of mesothelioma or other asbestos-related diseases. These lawsuits seek punitive damages awards in addition to compensatory damages. They are designed to discourage the defendant's behavior in the future, and discourage others from taking part in the same course of action.

However the NYCAL decision offers defendants the chance to have a shot of hope in their struggle to stay out of punitive damages. They were in danger of large judgments in the past, with the theory that their conduct had been so bad that they should pay punitive damages to discourage others from following their example.

With the decision in favor of plaintiffs, it is likely that many of the companies named as defendants will be disqualified. Even if they are dismissed however, they will still need to pay legal fees to defend a case they didn't have a right to be in.